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by using the normal criminal procedures. >> because lindsey graham and others say, yes, he should be tried as a u.s. citizen, should be tried in a u.s. civilian court, but that can await this process of doing some serious interrogation of him and designating him as an enemy combatant in the meantime. all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done before in american history to have some sort of hybrid combatant and criminal proceeding. we do know from jake tapper's reporting, there was an interrogation of tsavraev. and he did disclose his position that there was no broader conspiracy here. just him and his pressure. it seems like the justice department and
's some talk in washington, senator lindsey graham among others, saying that he should be treated as an enemy combatant, at least for a time, to get as much information as they can during the investigation. what's your feeling on that? >> well, i think, first of all, you need the right facts in order to be able to charge that. the federal government is still determining what was the motive of these two young men. are they connected to anybody else? until they do that work, until we finish this investigation, that question may even be premature, unless you have a basis for it. i do think that the federal government has had a good track record in civil cases here, understanding what forum people should be in in order to get the best information. but i think we have to be confident. i am, having worked with them this week, is that they're focused on getting information they need to bring the appropriate charges. they can always be updated. and i think that they will make the right decision based upon what they know about this investigation. >> we heard from the boston police commissi
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